Electoral laws between democratic concerns and constitutional adjudication
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Abstract
The article discusses whether judicial review of electoral legislation by constitutional courts in State parties to the Council of Europe and other selected jurisdictions runs counter to the concept of democracy or rather reinforces its foundations. More specifically, the text identifies a few fundamental principles of electoral legislation and analyzes their application as parameters of judicial review by constitutional courts in the scrutiny over the admissibility of discretionary legislative choices affecting electoral processes.
Keywords
- electoral laws
- constitutional review
- democracy
- universal suffrage
- oversight institutions